South Dakota Consumer Law

In South Dakota, the mini-FTC act is SDCL § 37-24.  Under this legislation, plaintiffs have a cause of action when any legal entity “knowingly and intentionally employs any deceptive act or practice,” omits a material fact during a sale of merchandise to a consumer, or employs one of many specifically defined unfair practices listed in the statute.  To sustain an action, the plaintiff must be “adversely affected” by the defendant’s conduct.  There is a statute of limitations under the statute of four years from the “occurrence or discovery” of the conduct.

            A successful plaintiff is generally entitled to damages, or any other relief that is “necessary.”  Compensatory damages under the statute are not capped, though neither punitive damages nor attorney’s fees are recoverable.  The statute does not mention class actions, but the courts have allowed them.  See generally Nygaard v. Sioux Valley, 731 N.W.2d 184 (S.D. 2007).